PEOPLE v. PARDILLO

PEOPLE OF THE PHILIPPINES vs. MARCIAL M. PARDILLO

G.R. No. 219590
June 7, 2017

FACTS:

On February 2, 2007, at around 3 o'clock in the afternoon, SP01 Metodio Aparis (SPO 1 Aparis), together with P03 Macarinas and P02 Tremaine Sotto (P02 Sotto), conducted a roving patrol at Garfield Street, Barangay Suba, Cebu City. While doing the same, SPO 1 Aparis noticed Marcial Padillo, who was holding two pieces of white transparent sachets in his right hand, in an alley. SPOl Aparis suspected that the sachets are dangerous drugs; and so, he introduced himself as a police officer and inquired what the accused-appellant was holding. Accused-appellant replied that somebody just asked him to buy shabu.

The police officers brought the accused-appellant to the police station. While on their way to the said station, SPO 1 Aparis took custody of the seized articles. Upon reaching the station, SPO 1 Aparis placed the markings "MMP-1" and "MMP-2" on the two plastic sachets for laboratory examination. The seized item's were brought to the PNP Crime Laboratory. In a Chemistry Report, the items were found positive for methamphetamine hydrochloride or shabu.

The RTC rendered its decisions finding the accused-appellant guilty for violating Section 11, Article II, RA 9165. The Court of Appeals affirmed in toto the decision of the lower court.

ISSUE:

1. Whether or not there was a valid warrantless arrest and subsequent seizure of accused-appellant's effects

2. Whether or not the chain of custody was broken.

HELD:

1. There was a valid warrantless arrest. Section 5(a), Rule 113 provides that:

Section 5. Arrest without warrant; when lawful. -- A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; xxx

For the exception in Section 5(a) to operate, this Court has ruled that two elements must be present: (1) the person to be arrested must execute an overt act indicating that he has just committed, actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer.

2. The chain of custody was unbroken. As the CA held, SPO1 Aparis testified in a clear and categorical manner regarding the seizure, custody, and handling of the two heat-sealed plastic sachets containing shabu. 16 To recall, SPO 1 Aparis marked the items with "MMP I" and "MMP2" upon their arrival at the police station. SPO 1 Aparis then prepared a request for laboratory examination. He, together with P03 Macarinas, brought the items to the crime laboratory for testing. Records show that the seized items, marked as "MMP 1" and "MMP2", were received by P02 Abesia from P03 Macarinas in the crime laboratory. Said items were then tested by Foreign Chemist Mutchit G. Salinas (Foreign Chemist Salinas). In a Chemistry Report issued by Foreign Chemist Salinas, the seized items were identified by their markings and tested positive for methamphetamine hydrochloride.